MY PLEA BARGAIN NEGOTIATION

[What follows is a firsthand account of a pre-trial negotiation between the prosecutor and me.  For routine traffic offenses, the prosecution will typically take the defendant aside to discuss plea bargaining before going before the judge.  I was convinced I was not speeding, but I decided to plea bargain to lower my risk.  This is how I negotiated my way out of a four point ticket to a lesser charge with no points.]

Prosecutor: So you have one count of "no documentation" and one of "speeding 44 in a 25."

Me: Yes, I plan to file a motion to dismiss the charges because I was denied access to evidence necessary to my defense.

Prosecutor: What specifically are we talking about?

Me: Over one month ago, I requested discovery from your office.  After a lot of back and forth, I received discovery materials *today*, the day of my trial.  In addition, these materials were incomplete.

Prosecutor: Well, here's how it will go.  You will make your motion to dismiss.  I will oppose your motion and recommend a postponement of the trial to give you time to read what we sent you.  I will see you over in the courtroom.  What things are you missing?

[At this point, the prosecutor intended to scare me about the speeding charge by hurrying me out the door.  I must admit it was a little abrupt.  I at least expected him to make some kind of offer.  I kept the conversation moving anyway and proved I knew some of my rights.]

Me: (Showed him letter to judge.)  Three items, the most important of which is the radar operator's manual.  I am also missing a the officer's "training history" in the use of radar units.  Your office sent a training certificate, but that gives no indication of how many hours of coursework he's had or whether he's been trained on this specific unit.  I was not speeding, and I plan to prove that incorrect use of the radar unit and environmental factors created a situation where an incorrect speed reading popped up on the unit.

Prosecutor: How do you plan to do that?  By cross-examining the officer?

Me: (Stated emphatically)  Yes, of course.

Prosecutor: Now what about this charge of "no documentation?"

Me: I was insured and registered at the time I was stopped.  Here is the documentation.  The reason I didn't have the documents on me is that I was picking up the vehicle from the repair shop.  Maybe I'm a little conservative, but I always remove these when I bring it to the shop.  I also have a dated repair receipt that shows I picked up the vehicle that day.

[At this point, the prosecutor seemed to warm up to me a little.]

Prosecutor: Well!  It looks like that's all in order.  We can merge that charge because you've shown me the documents.  Normally in this sort of speeding case I would offer a plea bargain to a lesser charge, but it doesn't seem like you're interested in this.  So I guess I'll see you out in the courtroom regarding that violation.

[The prosecutor again suggested he would "see me in court," but he opened the door to negotiation at the same time.]

Me: I would normally not be interested in plea bargaining, but I'd like to hear what you have to say.

[The stakes were low (4 points), so I had decided beforehand that I would go to trial if I received any charge that put points on my license.  If the prosecutor offered something with no points, I would take it.  Just like in gambling, it's important to know when to stay at the table and when to walk way.  It's especially important to avoid waffling in front of the prosecutor.  If he knows you're willing to go to trial, he will generally be more lenient.]

Prosecutor: I can offer you a plea to a lesser charge with two points on your license.

Me: I wasn't speeding, and I intend to prove the radar was operated incorrectly.

[The prosecutor smiled in a slightly condescending way and sat back to look me over.  He seemed to be weighing his options.]

Prosecutor: (Looking again through my letter to the judge.)  Good job, you've done your homework.  I really don't like to do this, but would you consider pleading to a charge with no points on your license?

Me: Like what?

Prosecutor: How about "unsafe driving," code _______?

Me: Normally I wouldn't want to plea bargain, but I've never gone in front of a judge before in a trial situation.  I'm very nervous about what could happen.  I would be willing to plead to that.

Prosecutor: Nice work.  Just sit in court and wait for your name to be called.

[Part of me wishes I had held out and gone to trial.  I figure I had maybe a 50% chance of getting the charges dismissed, but I didn't want to risk four points.  It's possible one of the following could have happened: 1) Judge agreed with my motion to dismiss due to the prosecution's delay with discovery materials; 2) Officer did not show up; 3) I was able to prove on cross-exam that the officer did not follow procedure.  The last scenario would have been unlikely, but anything's possible.]

Total Cost: $112 (no points)

Cost Breakdown:
$60 fine
$32 court costs
$20 fee for discovery documentation

[If I were to do it again, I would not include the $20 discovery fee along with my discovery request.  It's pretty typical to write a sentence that says, "Please advise me if there are any costs for reproductions, etc., and I will immediately pay them."]